Clarence and Richmond Examiner and New England Advertiser, Sat 4 Oct 1879 1
GRAFTON POLICE COURT.
TUESDAY, SEPTEMBER 30.
BEFORE the Police Magistrate [AL McDougall] , Messrs EW Hayley and TG Hewitt, JsP.
…
FRIDAY, OCTOBER 2.
Before the Police Magistrate, Messrs FW Chapman and W Hindmarsh, JsP.
…
————
A case of a parent charged with an unnatural offence was heard with closed doors, and the prisoner remanded until Monday.
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Evening News, Sat 4 Oct 1879 2
TELEGRAPHIC BREVITIES.
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(FROM OUR OWN CORRESPONDENTS.)
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NEW SOUTH WALES.
Friday.
…
A very old resident, named William Ramsay, was apprehended this morning at Grafton, by Sub-inspector Creaghe, on a charge of attempting to commit an unnatural offence. He was brought before the Bench, who heard the case with closed doors. Ramsay was further remanded until Tuesday next. The evidence of two doctors, the boy, and his mother, was taken.
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Clarence and Richmond Examiner and New England Advertiser, Sat 11 Oct 1879 3
GRAFTON POLICE COURT.
TUESDAY, OCTOBER 7.
BEFORE the Police Magistrate and Messrs J[ames] T Wilcox, G[eorge] W Neale, and W Hindmarsh, JsP.
…
The case of W Ramsay, on remand, charged with sodomy, was then heard with closed doors.
Mr Norrie attended on behalf of prisoner, and after evidence for prosecution was concluded, addressed the Bench for dismissal.
The Bench committed the prisoner for trial at next Circuit Court on October 15, and on the application of Mr Sub-inspector Creaghe, who conducted the prosecution, refused bail.
On the doors being again opened, the Bench was occupied by the Police Magistrate, Messrs T Bawden, EM Ryan, J[ames] T Wilcox, G[eorge] W Neale, W Hindmarsh, PR Donaldson, and FW Chapman, JsP.
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Depositions for William Ramsay 16 Oct 1879 Grafton trial 4
2
(M., 11 & 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, Grafton
TO WIT. }
The examination of Richard Fitzroy Creaghe of Grafton in the Colony of New South Wales, sub Inspector of Police, Thomas Ramsay of Grafton, Archibald Campbell of Grafton, Medical Practitioner and Robert Purdie of Grafton, in the said Colony, Medical Practitioner taken on oath, this 3rd day of October in the year of Our Lord one thousand eight hundred and seventy nine at Grafton in the Colony aforesaid, before the undersigned, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of William Ramsay who is charged this day before them, for that he the said William Ramsay, on the 1st day of October inst at Grafton in the said Colony, attempt to commit sodomy with his son
3
Richard Fitzroy Creaghe on oath states:– I am sub Inspector of Police at Grafton. From a complaint made to me this morning by Mrs Ramsay and her son I arrested the prisoner and charged him with having the day before yesterday attempted to commit sodomy with his own son. He replied “I am innocent”. The affair is supposed to have taken place in Grafton. I caused the boy to be examined by two
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medical men before I arrested the prisoner – I got him examined by Doctors Campbell and Purdie.
[Signed] RF Creaghe.
Sworn at Grafton this 3rd day of October 1879 before us AL McDougall, PM and Geo W Neale, JP.
5
Thomas Ramsay – saith my name is Thomas Ramsay. I know where I will go if I tell a lie – I will go to Hell. I go to school at Kritsch’s. [The Grafton Alumy Creek Reserve – 465 Lawrence Rd, 5km north of the Grafton CBD – features a one teacher Kritsch school and residence which operated from 1872 until 1969]. I can’t read, I can write a little. I know of a book called the Bible. It has been read to me. I go to the Catholic Church. I’m 7 years old.
Thomas Ramsay on oath states:– I live in Grafton in Prince Street with my father and mother. I have little brothers and sisters. They day before yesterday I went with my father
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under the big bridge. There was no-one else there but my father and myself. It was in the evening when I went. I sat down beside my father and he did something to me. He took me on his knees and took my trousers down. He put something near me, his finger. He had something in his hand, it was that thing he does his pee out of. He had some white stuff in his hand and he hurt me very much more than Dr Campbell did this morning. He hurt me in my
7
bottom. I did not stay long with him under the bridge. When I came from under the bridge I went home. My father did not go with me. I told my mother what he did to me. I did not tell her when I got home, I told her last night. My father said he would beat me if I told anything about it. He did something like that to me before. I don’t remember how often. It was Susan Bridge that we were under and it was under Susan
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Bridge that he did it to me before.
Sworn at Grafton this
By the Prisoner: No-one told me to say what I have said about you. My mother did not tell me. You were under the bridge with me this week. You did touch me.
[Signed] Thomas (his X mark) Ramsay. Sworn at Grafton this 3rd October 1879 before us.
[Signed] AL McDougall, PM, Geo W Neale, JP.
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Archibald Campbell on oath states:– I am a legally qualified Medical Practitioner residing in Grafton. Mrs Ramsay brought her little boy to me this morning about a quarter past 9. And in consequence of something she told me I made an examination. I found all round the anus discoloured, the discolouration was both greenish and yellowish as if the parts had been bruised some days previous. There was
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no injury done to the sphincter area and I feel certain that nothing has been introduced into the gut with violence. The bruises would not account for the sickness described by Mrs Ramsay. The appearances which I have described could be caused by the human member used with a moderate degree of violence.
[Signed] A Campbell.
Sworn at Grafton this 3rd October 1879 before us.
[Signed] AL McDougall, PM and Geo W Neale, JP.
11
Robert Purdie on oath states:– I am a legally qualified Medical Practitioner residing in Grafton. Mrs Ramsay’s boy now before the Court was brought to me this morning by Sergeant McCormack and I made an examination. I found around the anus a good deal of discolouration of a pale reddish yellow colour. The mucous membrane was not injured, I had no doubt that the result of these appearances
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were induced by a certain amount of violence. I have heard the evidence of the boy and I should think that the appearance might be produced by what he alleged to have taken place, rather than in any other way. If a child was suffering from worms there would be marks but it would be more scratches from the rubbing.
[Signed] Robert Purdie.
Sworn at Grafton this 3rd October 1879 before me.
[Signed] AL McDougall, PM. and Geo W Neale, JP.
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The prisoner stands remanded to Grafton Gaol until Tuesday next for further evidence.
[Signed] AL McDougall, PM and Geo W Neale, JP.
14
(M., 11 & 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, Grafton
TO WIT. }
The examination of Thomas Ramsay of Grafton in the Colony of New South Wales, taken on oath, this 7th day of October in the year of Our Lord one thousand eight hundred and seventy nine at Grafton in the Colony aforesaid, before the undersigned, three of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of William Ramsay who is charged this day with the offence aforesaid.
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Thomas Ramsay recalled on oath states:–
Cross examined by Mr Norris: I did not go to school the day my father took me under the bridge. It was before dark when he took me under the bridge. The boys had come out of school not long before. I did not go to school after I had my dinner. I was playing down at the creek with some other boys. I don’t know their names, there were two of them. I never saw them before.
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They were much bigger than I am. I can’t remember how long I was playing with them. They were not there when I saw my father, they had gone home. I don’t know where their homes are. They are not gone long before my father came. I don’t see any men working near the bridge. A good many people passed over that evening and I was climbing on the bridge. I was not fishing; there were some other boys fishing and I was sitting under the bridge looking at them. I have not
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been riding any horses lately. I did not go home with my father that evening, I went home before him and he came home at dark. I am quite sure it was dark when he came home. I did not tell my mother anything when I went home. I saw her and I saw my sisters and brothers. My mother has not said anything to me about this case. Nobody told me to say all this.
Re-examined by Mr Norris Creaghe: I have seen my father drunk but I don’t know how long ago. I have seen
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him drunk more than once. He was not drunk the day he took me under the bridge. I have heard my father and mother have a row more than once. My mother did not tell me to say what I have said about my father nor did anyone else. None of the big boys that were with me took my trousers down. It was on this side of the creek that I was under the bridge with my father.
[Signed] Thomas (his X mark) Ramsay.
Sworn at Grafton this 7th October 1879 before us.
[Signed] AL McDougall, PM., Geo W Neale, JP and James T Wilcox, JP.
19
(M., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT. }
William Ramsay stands charged before the undersigned two of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 7th day of October in the year of Our Lord one thousand eight hundred and seventy nine for that he, the said William Ramsay on the 1st day of October at Grafton, in the said Colony, attempt to commit sodomy with his own son and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having bee caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said William Ramsay, and the witnesses for the Prosecution being severally examined in his presence, the said William Ramsay is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said William Ramsay saith as follows:– “All I can say is that I am not guilty. I was not with him at all that day.”
Taken before me, at Grafton, in the said Colony, the day and year first abovementioned.
[Signed] AL McDougall, PM and Geo W Neale, JP.
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The prisoner stands committed to take his trial at the Circuit Court to be held on the 15th instant.
Bail refused.
[Signed] AL McDougall, PM., Geo W Neale, JP James T Wilcox, JP.
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(O. 1, 11 & 12 VIC., Cap. 42.)
Recognizance to Give Evidence
New South Wales,
TO WIT. }
Be it remembered that on the 7th day of October in the year of Our Lord one thousand eight hundred and seventy nine Richard Fitzroy Creaghe sub Inspector of the Police Force, of Grafton in the Colony of New South Wales, Thomas Ramsay of Grafton, Archibald Campbell of Grafton in the said Colony, Medical Practitioner and Robert Purdie of Grafton in the said Colony, Medical Practitioner, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe our Sovereign Lady the Queen the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on their goods and chattels, lands and tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they, the said before mentioned persons shall fail in the condition endorsed. Taken and acknowledged, the day and year first abovementioned, at Grafton in the said Colony, before me.
AL McDougall, PM.
The condition of the within written Recognizance is such, that whereas William Ramsay was this day charged before AL McDougall, Geo W Neale and James T Wilcox Esquires, three of Her Majesties Justices of the Peace for the said Colony, with sodomy. If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Grafton, in and for the Colony of New South Wales, on the 15th day of October inst at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said William Ramsay for the offence aforesaid, to the Jurors who shall pass upon the trial of the said William Ramsay then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] AL McDougall, JP.
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[On the depositions’ cover sheet is the following]
1879 No. 9
7th October
Regina
v.
[William] Ramsay
Sodomy
See within
Court House Grafton
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Sodomy
[Verdict – not guilty]
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Clarence and Richmond Examiner and New England Advertiser, Sat 18 Oct 1879 5
GRAFTON CIRCUIT COURT.
This Court opened on Wednesday [15 October] before his Honor Acting Judge Dowling. 6
Mr WW Tarleton attended as Crown Prosecutor, Mr Russell Dowling acted as Clerk of Assize and Mr JF Williams attended from the Crown Solicitor’s office.
The only member of the bar present was Mr J Want, and the following solicitors were also in attendance during the day:– Messrs F Norrie, EC Laman, JK O’Meagher, G Foott, and J Meillon.
The names of the jury having been called, they answered with the exception of four– W Noud, John C McKee, John Connor, and William Connor. It was stated the former had changed his residence. In the second case John McKee appeared, who had received the summons, but was told he could go away again. In the two latter cases the defaulting jurymen were each fined 40s.
The usual proclamation against vice and immorality was then read.
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THURSDAY, OCTOBER 16.
…
SODOMY.
William Ramsay was then arraigned, charged with sodomy.
Mr Waut, instructed by Mr Norrie, appeared for the prisoner.
The following jury was then empannelled, [sic] after a number of challenges on both sides:– Messrs Thomas Layton, Julius McKee, W Crouch, John Crispin, junior, Alllan McDonald, W Bultitude, Thomas Lee, S McKinnon, James Drummond, B McMenemy, C Barnier, JE Chapman.
The case depended upon the evidence of a child 7 years of age, who, when put in the box, refused to give evidence or speak in any way. The Crown Prosecutor said he could not go on with the case, and would therefore withdraw it.
His Honor said, under the circumstances, he could only direct the jury to find a verdict of acquittal, which they did, and the prisoner was then discharged.
His Honor then adjourned the Court until 9 am on Friday.
1 Clarence and Richmond Examiner and New England Advertiser, Sat 4 Oct 1879, p. 2.
2 Evening News, (Sydney, NSW), Sat 4 Oct 1879, p. 4.
3 Clarence and Richmond Examiner and New England Advertiser, Sat 11 Oct 1879, p. 2.
4 SRNSW: NRS880, [9/6647], Supreme Court, Papers and depositions, Grafton, 1879, No. 9. Emphasis added.
5 Clarence and Richmond Examiner and New England Advertiser, Sat 18 Oct 1879, p. 5.
6 Acting Judge JS Dowling’s notebooks could not be located at SRNSW.